Heyl Royster

 


Heyl Royster

 

Statute in the Spotlight

8/22/13

The Firearm Concealed Carry Act – 430 ILCS 66/1 et seq.

There are many aspects of the new concealed carry law that involve legal areas other than employment law; please contact any of Heyl Royster’s offices to discuss any issues related to the new law.

What: Illinois recently enacted the Firearm Concealed Carry Act (PA 98-0063), which allows licensed individuals to carry concealed, or mostly concealed, handguns on their person or in a vehicle.

Quick Tip: It is important to note that the Act references “a” vehicle, not specifically a vehicle owned by the licensee. Thus, employers who do not want employees to carry concealed fire arms in company-owned vehicles should implement a policy prohibiting employees from such conduct.

Who: Any person who is at least 21 years of age, has a valid FOID card, has an acceptable criminal and mental history, and completes an application provided by the Illinois State Police shall be granted a concealed carry license.

Illinois will not accept the concealed carry permits of other states. Those persons holding non-Illinois permits will have to complete a non-resident application to carry a concealed weapon outside of a vehicle in Illinois.

When: The Illinois State Police have 180 days from the effective date of the Act to make applications for a license available, and an additional 90 days after applications have been submitted to issue or deny licenses. However, prosecutors in several counties in Illinois have stated they will not enforce the current ban on concealed firearms.

Prohibited Areas: The Act provides a presumption that concealed weapons are permitted on private property. However, the Act also lists several prohibited areas in which a licensee cannot knowingly carry a concealed weapon. These areas include:

Schools: pre-schools, childcare facilities, public or private elementary and secondary schools, public or private community colleges, colleges, and universities.

Public Areas: playgrounds, parks, athletic facilities, libraries, airports, amusement parks, zoos, and museums.

Healthcare Facilities: public and private hospitals (or affiliates), mental health facilities, and nursing homes.

Establishments that Serve Alcohol: if more than 50% of the establishment’s gross receipts within the prior 3 months is from the sale of alcohol; business owners found to be in noncompliance with this provision can be fined up to $5,000 under the Liquor Control Act of 1934.

Gaming Facilities: those licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975.

Nuclear Energy Sites and Facilities*

All areas where firearms are prohibited under federal law*
Additional Options for Property Owners: In addition to the statutorily prohibited areas, owners of private real property have the option to restrict both their customers and their employees from carrying concealed weapons onto their private property.

Quick Tip for Employers: Businesses and employers currently in a lease agreement will need to work with theirlandlords to ensure concealed carry policies are in place and provide the appropriate notice (below).

Notice Requirements: In order to prohibit the carrying of concealed firearms onto private property, an employer or business owner must “clearly and conspicuously” post a 4” x 6” sign at the entrance of the restricted area that indicates that firearms are prohibited on the property. These signs will be of a uniform design, as established by the Illinois State Police.

Exceptions: Under the Act, licensees will be allowed to carry a concealed weapon on their person within a vehicle into restricted parking areas, and will be allowed to store a firearm or ammunition within locked vehicle in a case or locked container out of plain view.

*Note: This exception does not apply to the parking areas of nuclear energy sites or facilities, nor does it apply to areas where firearms are prohibited under federal law.